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Show CITY PLANNING ORDINANCE OF CEDAR CITV, UTAH An ordinance in pursuance of the authority granted in Title l. Utah Code Annotated, 1943. entitled entitl-ed THE MUNICIPAL PLANNING ENABLING ACT. to provide lor the appointment of a municipal planning plan-ning commission: to provide for the regulation of the subdivision of land; to provide for the rrgulu-tion rrgulu-tion of buildings in mapped streets; to provide for the appointment of a board of adjustment; und to provide penalties for the violation thereof. BE IT ORDAINED BY THE CITY COUNCIL OP CEDAR CITY, Utah, As FOLLOWS: ARTICLE I. ADMINISTRATION. Section 1. Planning Commission. There is hereby created a planning plan-ning commission of seven members, mem-bers, one to be designated from among its own members by the City Council, and six to be pp-pointed pp-pointed by the mayor with the approval ap-proval of the City Council. The planning commission may appoint employees and may co r tract with city planners and other consultants, provided its expenditures, expendi-tures, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council. The planning commission shall adopt rules for its own organization organiza-tion and for the transaction of business and shall keep a public record of ltd proceedings. Section 2. The Board of Adjustment. Adjust-ment. The fcoard of Adjustment already created by ordinance of the Cedar City Council shall be the Board of Adjustment referred to in this ordinance. or-dinance. One of the members of the Board of adjuslmnts shall be a member of tho Planning Commission. Com-mission. Appeals to the board of adjustment adjust-ment shall follow the procedure -utllned In the rules of the board; provided, that such rules shall become be-come effective only after a public hearing and approval by the City Council. Section 3. The Building Inspector. The building' Inspector appointed under the provisions of the building build-ing code of Cedar City shall be the officer charged with responsibility for building permits under this ordinance. or-dinance. ARTICLE II. THE MASTER PLAN PROGRAM. Section 1. The Master Plan. It shall be the function and duty of the planning commission to make, adept, and certify to the city council a master plan for the physical development of the city. The master plan shall show the planning commission's recommendations recommend-ations and may Include, among other things, the general location, character, and extent of streets, parks, parkways, playgrounds, airports, air-ports, and other public spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned; own-ed; the acceptance, widening, removal, re-moval, extension, relocation, narrowing, nar-rowing, vacation, abandonment,, or change of use of any of the foregoing; fore-going; the general location, char cter. layout, and extent of community com-munity centers and neighborhood unlta; and the general character, extent, and layout of the re-planning re-planning of blighted areas. The planning commission may from time to time amend, extend, or add to the master plan or carry any part or subject matter Into greater great-er detail. 8ectlon 2. The Official Map. From and after the time when mwYmfiixxix..... .... the planning commission shall have 1 adopted a major street plan, the city council may establish an official of-ficial map of the whole or any part of the city theretofore existing exist-ing and established by law as public streets. Such official map may also show the location of the lines of streets on plats of subdivisions subdi-visions which shall have been approved ap-proved by the planning commission The city council may make, from time to time.other additions to or modifications of the official map placing thereon the lines of propos- i id new streets or street extensions, ' widenlngs, narrowlngs, or vacations' which have been accurately survey- cd and definitely located; provided, however, that before taking any ' such action the city council shall hold a public hearing thereon and provided, further, that: such proposed pro-posed addition to or modification of the official map shall be submitted to the planning commission for Its approval, and In the event of such planning commission's disapproval, such addition or modification shall require the favorable vote of not less than a majority of the entire membership of the city council. The placing of any street or street lines upon the official map shall not In and of itself constitute or be deemed to constitute the opening or establishment estab-lishment of any street or the taking tak-ing or acceptance of any land for street purposes. Upon adoption of the ordinance creating the official map, the city council shall direct that said ordinance be recorded in the office of the county recorder. Section 3. Protection of Mapped Streets. From and after thc time when an official map hai been recorded In the office of the County Recorder, no permit shall be issued by the building Inspector for any building or structure or part thereof on any land located between the mapped lines of any street as shown on the official map. Any person aggrieved by his Inability to obtain such a permit may appeal to the board of adjustment, herein created. The board of adjustment shall have the power, upon an appeal filed with it by the owner of any such land, I to authorize the grant of a permit for a building or structure or part ' thereof within any mapped-street 1 location in any case In wnlcn the board of adjustment, upon evidence, ' finds (a) that the property of the appellant" of which such mapped-street mapped-street location forms a part will not yield a reasonable return to the owner unless such permit be grant- ed, or b that, balancing of interest inter-est of the municipality in preserving the Integrity of the official map and Interest of the owner In thc use and benefits of the property, the grant of such permit is required by considerations of Justice nnd equity. Before taking any such action, ac-tion, the board of adjustment shall hold a public hearing thereon. In the event that the board of adjustment adjust-ment decides to authorize a building build-ing permit, it shall have the power pow-er to specify the exact location, ground area, helghth, and ' other details and conditions of extent and character and also the duration of the building, structure, or part there-of to be permitted. Section 4. Subdivision Control. From and after the time when the planning commission shall have a-dopted a-dopted a major street plan and shall have certified the same to the city council, no plat of a subdivision of land lying within the city shall be filed or recorded In the county recorder's office until it shall have been submitted to and approved by thp planning commission and the city council, and such approval entered en-tered in writing on the plat by the ' chairman of the planning commission commis-sion and city council. The filing or recording of a plat of a subdivision ' without sulh approval shall be void. The planning commission shall prepare pre-pare regulations governing the subdivision sub-division of land within the city. The citr council shall hold a public hearing on the subdivision regulations, regula-tions, and thereafter may adopt said regulations for the city. Whoever "being owner .or agent of 1 the owner of any land lo- j cated within any area of Cedar j City for which a major street plan has been adopted by the Planning Commission and the City Council, subdivides and sells such lund by I reference to or exhibition of or by other use of a plat or subdivision of such land before such plat has been approved by said planning commission and city council and tecorded in the offices of the county coun-ty recorder, shall forfeit and pay a penalty of one hundred dollars ! for each lot so transferred or sold; and the description by meters and bounds In the instrument of transfer trans-fer or other document used In the process of selling or transferring shall not exempt the transaction from such penalties. ARTICLE III GENERAL PROVISIONS PROVIS-IONS . Section 1. Legal Status of thc Master Mas-ter plan. Whenever the city council shall have adopted the master plsyi or any part thereof, thenceforth no street, park or other public way, ground, place or space, no public building or structure, and no public pub-lic utility, whether publicly or privately priv-ately owned, shall be constructed or authorized until and unless the location and extent thereof shall conform to said plan or shall have been submitted to and approved by the planning commission; provided, that in case of disapproval, the planning . commission shall communicate com-municate Its resons to the city council and the city council by a vote of not less than a majority of Its entire membership, shall ha.e the power to overrule such disapproval; disap-proval; provided, however, that if tho proposal be one the authorization or financing of which does not, under the law governing the same, fall within the province of the city council, or other body or official of the city, then the subdivision i to tho planning commission shall be by the boart or official having Jurisdiction, and the planning commission's com-mission's disapproval may be over-( over-( ruled by said board by a vote of , not lejs than a majority of its en-tire en-tire membership or by said official. ,Thc acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment change of use, acquisition of land for, or sale or lease of any street or other public pub-lic way, property, or structure, shall he subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the planning commlvsion to act within thirty days from and after the date of offiicial submission submis-sion to it shall be deemed approval unless a longer period be grandted by the city council or other submitting sub-mitting body, board or official. Section 2. General Purposes of the Plan and Power of the Plunnlng Commission. In the preparation of the master Plan and Powers of.the Planning make careful and comprehensive surveys and studies of the existing conditions and probable future ( growth of the municipality nd Us environs. The plan shall be mnde 1 with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development develop-ment of the municipality which .vill in accordance with existing and future fut-ure needs, best promote public health, safety or general we.Iare, as well as efficiency and eaonomy iln the process of development. The planning commission i.-.ty make reports and recommend?.' hns relating to the plan and devloi-ment devloi-ment of the municipality to p.ioli -officials and agencies, public Utility companies, civic, educational, professional, pro-fessional, and other organizations, and citizens. It may recommend to the mayor and city council programs for public Improvements and the financing thereof. In general, the planning "commission shall have such powers as may be necessary lo enable it to perform Its functions and promote municipal planning. Section 3. Definitions. In this ordinance, whenever appropriate, ap-propriate, the singular incl'i lej the plural and the plural the rlngiilar. The term "street" includes streets, hlghwa; i, avenues, boulevards parkways,' park-ways,' roads, lanes,- walks, alleys viaducts, tunnels, bridges, public easement and rights-of-way and other ways. The term "subdivision'' means the divi.ion of a tract or parrel of land into two or moi xfr for the purpose, whether immediate or future, of sale for resideinlal or building development. Section 4. Validity. If any part of this ordinance shall be held invalid, such decisrjn shall not effect the validity of the remainder of the ordinance. Section 5. Penalty. Any person, firm or corporation violating any provision of this ordinance ord-inance shall upon conviction be punished by fine In any sum 'ess than JL'99.00 or by imprisonment not to exceed three months, or by both such fine and imprisonment. Section C. This Ordinance shall go into effect ef-fect at the expiration of the 20th day after its publication or the 30th day after Its final passage, or which ever of said days is more more remote from the final passage of this ordinance. AH Ordinances and parts of Ordinances Ord-inances In conflict herewith are hereby repealed. Passed by the City Council of Cedar City. Utah, on the 6th day of December. A. D. 1945. Approved by its Mayor on fie 6h day of December. 1945. H. H. Lunt Mayor ATTEST: Margaret C. Carpenter City Recorder CERTIFICATE State of Utah. County of Iron ss I. Margaret C. Carpenter, the duly elected, qualified and acting City Reorder of Cedar City, Utah, do hereby certify that the above and ! foregoing is a full, true and correct copy of an Ordinance enteltled "An ORDINANCE IN PURSUANCE OF 1 THE AUTHORITY GRANTED IN I TITLE 15, UTAH CODE ANNOTAT- I ED. 1943. ENTITLED THE MUN-CIPAL MUN-CIPAL PLANNING ENABLING ACT, TO PROVIDE FOR TRE APPOINTMENT AP-POINTMENT OF A MUNICIPAL FLANKING COMMISSION; TO PROVIDE FOR THE REGUIATIN PROVIDE FOR THE REGULATION REGULA-TION OF THE SUBDIVISION OF LAND; TO PROVIDE FOR THE RIaJULATTIO N OF BUILDINGS BUILD-INGS IN MAPPED STREETS; TO PROVIDE FOR THE APPOINTMENT APPOINT-MENT OF A BOARD OF ADJUSTMENT; ADJUST-MENT; AND TO PROVIDE Px-N-ALTIES FOR THE VIOLATION THEREOF," passed by the City Council of Cedar City, Utah, on the 6th day of December A. D. 1945 the . original of which is now on file and of record In my said office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Ceclnr City Corporation this 7th day of December, Dec-ember, A. D. 1945. Margaret" C. Carpenter City Recorder. |